January 13, 2011 Minutes
Thursday, 1:300pm, Department of Public Safety,
A. Call to Order
At 1:50pm Mr. Tramadeo called the meeting to order. Attorney Finnerty had called at 12:44pm to notify the Board that he would be late due to traffic caused by an accident in
Tramadeo called the appellant roll call, 8 appellants were present, 2 absent.
Mr. Kuck moved acceptance of the Dec. 9, 2010 Minutes, Col. Overturf seconded the motion, motion carried.
Finnerty arrived at 2:00pm.
Finnerty called the members roll call.
Board Members Present: James J. Finnerty, Mr. M. Peter Kuck, Colonel Kyle E. Overturf and Mr. Kenneth V. Tramadeo.
Board Member Absent: Attorney Joseph T. Corradino, Mr. Arthur Carr, and Chief T. William Knapp (Ret.).
Finnerty read the Introductory Statement and all witnesses were administered the oath.
Cases scheduled for hearings:
1) Case No. 10-75-R, Efrosinie Mathews, involving the revocation of her pistol permit to carry pistols and revolvers. Atty. John O’Brien represented the appellant. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety with one witness.
Decision: By a majority, the Board voted to uphold the decision of the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety, the revocation of Ms. Mathews pistol permit. Finnerty, Overturf and Tramadeo voted for the Issuing Authority. Kuck voted for the appellant.
2) Case No. 10-111-D, Ralph Bocuzzo, III, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Frank P. Bevilacqua represented the appellant. Chief Edward Nadriezny, New Canaan Police Department, represented the local Issuing Authority.
Decision: By a unanimous decision, the Board voted to uphold the decision of denial by the local Issuing Authority, Chief Edward Nadriezny, New Canaan Police Department, by default, due to the appellant’s failure to appear.
3) Case No’s. 10-159-D/10-347-D, Frederick Morely, involving the denial of a temporary pistol permit to carry pistols and revolvers. Attorney Joseph Elder represented the appellant. Chief Paul Fitzgerald, Berlin Police Department, represented the local Issuing Authority.
Motion: Overturf made a motion to postpone Mr. Morely’s case to February 24, 2011 so Board Secretary Knapp can inform the Board members about his concerns with the filing of the appeal. Tramadeo seconded the motion. Finnerty, Overturf, and Tramadeo voted in favor of the motion, Kuck voted against the motion, motion carried.
4) Case No. 10-167-D, Pete Schoppenhauer, Jr., involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief Neil O’Leary, Wolcott Police Department, represented the local Issuing Authority.
Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief Neil O’Leary, Wolcott Police Department, and voted for Mr. Schoppenhauer, Jr. to be issued a temporary state pistol permit.
5) Case No. 10-107-R, Joseph Soracco, involving the revocation of his pistol permit to carry pistols and revolvers. Atty. Ralph D. Sherman represented the appellant. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety.
Agreement: Sgt. Matthews, Department of Public Safety, for the record stated the appellant and the Issuing Authority agreed to reissue Mr. Soracco’s state pistol permit in July 2011 if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.
6) Case No. 10-113-R, David Liptak, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety with one witness.
Decision: By a majority, the Board voted to uphold the decision of the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety, the denial of a temporary pistol permit. Finnerty, Overturf and Tramadeo voted for the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety. Kuck voted for the appellant, Mr. Liptak, and referred to the Nicholson case. (see attached)*
7) Case No. 10-122-R, Matthew Kurk, involving the revocation of his pistol permit to carry pistols and revolvers. Atty. Peter F. Odlum represented the appellant. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety.
Agreement: The appellant and the Issuing Authority agreed to reissue the appellant’s state pistol permit July 29, 2012, if the appellant does not violate any laws and doesn't call into question his suitability. The appellant will be placed at the top of the appeal list should he not receive his permit at the end of the agreement.
8) Case No. 10-132-R, Julio Torres, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety.
Decision: By a unanimous decision, the Board members voted to overturn the decision of the State Issuing Authority, Commissioner James M. Thomas, Department of Public Safety, and voted to have Mr. Torres pistol permit reinstated.
9) Case No. 10-57-R, Mark Schultz, involving the revocation of his pistol permit to carry pistols and revolvers. Sgt. Andrew Matthews represented the Issuing Authority, Commissioner James M. Thomas, Department of Public Safety with one witness.
Postponed: Mr. Schultz request for a delay, due to the snowstorm and his disability preventing him from attending the hearing on July 13, 2011, was granted and his case will be heard Jan. 27, 2011.
10) Case No. 10-124-D, Jody Simpson, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief Michael Maniago, Torrington Police Department, represented the local Issuing Authority.
Decision: By a unanimous decision, the Board members voted to overturn the decision of the local Issuing Authority, Chief Michael Maniago, Torrington Police Department, and voted Mr. Simpson be issued a temporary pistol permit.
11) Case No. 10-147-D, Anthony Ward, involving the denial of a temporary pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Chief Carl J. Sferrazza, Enfield Police Department, represented the local Issuing Authority.
Decision: By a unanimous decision, the Board voted to uphold the decision of the local Issuing Authority, Chief Carl J. Sferrazza, Enfield Police Department, the denial of a temporary pistol permit, at this time.
Secretary’s Report:
1) Kuck made a motion to approve the December 9, 2010 Minutes as written. Overturf seconded the motion, Motion carried.
Motion to adjourn: Tramadeo made a motion to adjourn, Overturf seconded the motion, motion carried. The meeting adjourned at 5:15pm.
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I am basing my decision in this case upon the Nicholson case.
“In order to determine that a person is "unsuitable" to continue to hold a gun permit, the law requires that there be facts sufficient to show generally that he or she lacks "the essential character or temperament” Leonard, supra, 36 Even if “the board found that the plaintiff was arrested …as the result of an incident involving violence, all of the other relevant facts [found by the board] tend to negate the conclusion that he lacks the proper character or temperament to be entrusted with a gun or that he poses some danger to the public if allowed to carry a gun outside his home or business. In particular, [the board found that] the plaintiff has a long unblemished record as a permit holder; that the isolated incident that precipitated the revocation did not involve the use of a gun; and that the plaintiff was not convicted of any crime in connection with the incident. Although no one of those facts, standing alone, might be sufficient to negate the board's conclusion, the totality of those facts overwhelms it.” “The court finds, therefore, that, in light of the evidence, the board's decision was unreasonable and an abuse of its discretion. The plaintiff's appeal is sustained. In accordance with General Statutes § 4-183(k), the case is remanded to the board and the board is instructed to order that the plaintiff's permit be restored in accordance with § 29-32b (b).” CV 94 054 10 48 SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD/NEW AT
MICHAEL T. NICHOLSON V. BOARD OF FIREARMS PERMIT EXAMINERS
Judge Malony presiding
M. Peter Kuck